Considering that retaliation is the most common grounds for employee discrimination claims, it’s vital that employers take precautions to avoid these allegations. Mishandling of various workplace claims of harassment, bias, etc., will often come back to bite the employer.
As an employer, you should consider the following questions to see how well prepared you are for a potential retaliation claim.
- Do your non-discrimination and harassment policies cover retaliation?
- Do you have a complaint process that employees are aware of, understand, and can follow easily? Do your employees know to whom and how to submit complaints?
- Are you training your supervisors on your anti-retaliation policy?
- Do you have an HR consultant or a designated individual to periodically review and implement anti-retaliation policies and procedures, conduct investigations, and provide training?
- Do you consistently and fairly implement disciplinary action?
- Do you keep documentation of all employee performance appraisals and disciplinary actions to document that your practices are fair and not influenced by a complaint of illegal discrimination or other unlawful employment practice?
- Do you keep comprehensive records of all complaints, investigations, and responses?
- Do you discipline supervisors who engage in retaliation?
- Do you provide the same information in references for all former employees?